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C/L/759. Dissertation. The effect of human rights legislation on the role of the judge in England and Wales

WORDS:
13250
DATE:
2011
PRICE:
139.99 GBP

This dissertation discusses the effect of human rights legislation on the role of judges in England and Wales. The study aims to investigate the legal arguments of the role of judges within different constitutional frameworks, to undertake a case law analysis on the how common law decisions have evolved the role of judges through the development of the rules of interpretation, to explore the impact of the HRA on the role of judges and to what effect the impact of incompatibility statements has had on developing “law making” judges, and to compare the English system, its evolution with the USA and identify the need for fully empowered judges and/or a written constitution. The dissertation outlines its justification and framework, and this is followed by a literature review. The methodology is detailed, and the study uses qualitative data research methods, namely theoretical review, case law analysis, and a comparative review. The comparative review looks at the British vs. US Constitutionalism. The study concludes with a summary of Judges in the 21st century.

 

KEYWORDS: Dissertation, human rights, judges, England, Wales, case law analysis, HRA, US constitutionalism, Written Constitution, Sovereignty,

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